Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36164 of 2020 Applicant :- Puneet Kumar Dwivedi Opposite Party :- State of U.P.
Counsel for Applicant :- Ajay Singh,Amrendra Nath Singh (Senior Adv.) Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard Sri Amrendra Nath Singh, learned Senior Advocate assisted by Sri Ajay Singh, learned counsel for the applicant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It was submitted that as deceased has committed suicide on 05.10.2019 and after that applicant given information to the police and thereafter father of deceased and other family members were present at the time of inquest proceedings but at that time no complaint was made. It was submitted that after about one and a half months of incident, the informant has filed an application under Section 156(3) Cr.P.C. and in pursuance to the order of the Court, this case has been registered on 10.01.2020. Learned Senior Counsel submitted that marriage of applicant with deceased was solemnized in the year 2013 and that they were blessed with two children. During period of more than six years, no complaint was made regarding any dowry demand. It was submitted that the allegations of dowry demand and harassment are thoroughly false and have been made with mala fide intention. Learned Senior Counsel has referred the statements of several independent witnesses, who have been examined during investigation, and that they have inter alia alleged that the parental family of deceased was demanding her jewellery and after that she has committed suicide. Some of the witnesses have also made statements to the effect that deceased was a short temper lady. It has also been submitted that in postmortem report, no injury has been shown on the body of deceased and cause of death has been shown asphyxia as a result of ante-mortem hanging. Learned counsel has also pointed out that after death of deceased, applicant has got transferred 5 acres land in the name of children of deceased and in this regard, copy of documents have been annexed as Annexure-5 to the bail application. It has been further submitted that the applicant is languishing in jail since 24.06.2020, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Puneet Kumar Dwivedi involved in Case Crime No. 0005 of 2020, under Sections 498-A, 304-B IPC and Section 3/4 D.P. Act, P.S. Aata, District Jalaun, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 28.7.2021 A. Tripathi